BANWARI LAL SHARMA,JJ. - (1.) This suo motu writ petition bearing No.11153/2011 is listed to see compliance of the directions given by this Court from time to time and, for that, directions given on 29 th May, 2012 read as under : "1. The State Government should plan for a drive to remove encroachments in catchment areas of water bodies in the State of Rajasthan. For the aforesaid purpose, they may get survey by remote sensing or through any other appropriate mechanism so that a proper picture may come for its follow up action. If the encroachments in catchment areas are not stopped, other reservoirs would face same situation as of Ramgarh dam. The above direction should be given priority looking to water scarcity in the State of Rajasthan. 2. Instructions be issued restraining allotment of land falling in catchment areas of water reservoirs like Johar, Nala, Tank, river, pond etc. Infringement of instructions should be viewed seriously with follow-up action against the defaulting officers and 28 the beneficiaries so that tendency of illegal allotment of land may be stopped at all levels. 3. Action may be taken for cancellation of allotments made in violation of section 16 of the Act of 1955 and other Rules and Regulations. Presently, details of the references sent to the Board of Revenue in regard to Ramgarh dam catchment area have been furnished to this court which are more than 400 by now. Similar drive for making reference to the Board of Revenue in regard to catchment areas of other water reservoirs in the State of Rajasthan should be taken up so that with the cancellation of illegal allotments followed by removal of encroachments, water may flow to reservoirs like river, dam, nala, pond, Johar etc without obstruction. 4. The Water Resource Department of the State has already issued directions not to allow construction of anicuts more than 2 meters height. The directions have not been properly executed by other departments. The order issued by the Water Resources Department may be conveyed to all the departments so that in future anicuts may not be constructed with a height of more than 2 meters other than in exceptional cases but in those cases also it should be with the permission of the Water Resources Department. 5.Construction of anicuts should not be permitted unless a proper survey is made to assess rainfall in the area indicating sufficiency of water for the anicuts and overflow thereupon to the catchment area of a dam, pond, Johar, nana, river etc. A survey be conducted to find out duration for which water may remain in the anicut/s. To summarise the aforesaid direction, construction of anicut/s should be only after planned development and proper survey. Presently, majority of anicuts are lying dry resulting in wastage of public money. The accumulation of water in rainy season does not justify construction of anicuts. The State Government is expected to take proper decision for construction of anicuts in future and, till then, they are restrained to construct anicut/s obstructing flow of water to a reservoir. 6. The Forest Department should frame scheme for development of forest, more specifically, nearby catchment areas of water reservoirs if their notified land exist therein. This will attract rain and save environment already damaged to a great extent. The efforts of the department should be to stop cutting of trees in the forest area affecting top soil of the hills resulting in deterioration of environment. The Environment Department should meanintfully co-operate with the Forest Department for proper plantation to take all measures to save environment. 7. The State Government had agreed to constitute district level committees to monitor compliance of the directions issued in the judgment with a centralised body at the State level for taking policy decision on the issue or for any action for implementation of the directions given. The centralised body should consist of senior officers of concerned departments apart from legal experts, which may be Mr RP Singh, Additional Advocate General, members of the Monitoring Committee etc to see proper implementation of the directions herein. 8. Measures should be taken to demarcate catchment area of a water reservoir so as to stop encroachments thereon. The demarcation may be done by an appropriate manner for which State Government may take a proper decision. It is not necessary to construct wall or pillar but it may be by any other method but should indicate boundaries. It may be with plantation in a row. 9. Appropriate directions may be issued to stop construction in catchment areas of water reservoirs, more specifically under NREGA scheme as it has been seen that even roads were constructed dividing the river in two parts and obstructing flow of water. The State Government has removed those roads from catchment area of Ramgarh dam, however, such unplanned constructions result in wastage of public money. Thus, necessary 31 orders may be issued to avoid such construction in future, rather, proper directions may be issued not to raise construction obstructing flow of water in catchment areas. 10. The State Government shall issue directions to all the local bodies namely; Municipal Corporations, Municipal Councils, Municipalities, Panchayat Samities, Gram Panchayats etc not to allow development of residential colonies in the catchment area of any water reservoirs in the State. This will not only save catchment areas of water reservoirs but also save those colonies from damage in case of natural calamity. It may occur due to chocking of water flow. It will also save lives of persons who developed colonies in catchment area unknowingly that some day nature may take its own course to restore the position resulting in serious damage to life and property. 11. The Revenue Department should maintain the position of the land belonging to water reservoirs nala, pond, river, Johar, dam etc and other tributaries as was obtaining in the year 1955 with the commencement of the Rajasthan Tenancy Act, 1955. The excuse regarding non- availability of revenue record was taken by the government but it is found to be without substance as they themselves have taken action for cancellation of allotments in Ramgarh dam based on old revenue record, hence, excuse above 32 would be viewed seriously, more so when government is under an obligation to maintain revenue record since inception. 12. The Water Resources Department is directed to work as a Nodal Agency for taking action for removal of encroachments and for stoppage of illegal construction and other related areas in the catchment areas of water reservoirs in the State. 13. The two-members Monitoring Committee is directed to submit report to this from time to time with follow up action and compliance of directions issued above on periodical basis so that direction given in this judgment may not remain on papers but are given effect to. The directions earlier issued in regard to the Monitoring Committee by interim orders will continue. 14. All the interim orders passed by this court from time to time would be treated as part and parcel of this judgment and would be implemented by the State Government. 15. The State is directed to chalk out initial plan to show as to how this order is intended to be executed and place before this court in the second week of July, 2012. The case would then be listed before this court initially in the first week of every month to see compliance of the directions given above. It would be open to 33 seek modification/ alteration of the directions if need be by the government or at the instance of the Monitoring Committee and person concerned to the issue."
(2.) The respondent State Government prepared a programme to implement the order dated 29 th May, 2012, which reads as under : "3. Pursuant to the directions of this Hon'ble Court dated 29.5.2012 the State had prepared an initial action plan in the month of July, 2012, addressing the issues as under:- (a) Encroachments in catchment area choking flow of water into the water bodies. (b) Illegal allotment of land in catchment area which includes land belonging to tanks, nalas, johars, rivers, ponds, etc. (c) Illegal mining and unmanaged placement of overburden in the catchment area, obstructing flow of water. (d) Excessive construction of anicuts without proper survey of rainfall, pattern in the catchment area and justification for anicut depending upon the proposed use. (e) Lack of demarcation of catchment area, giving room to encroachments. (f) Development of colonies in the catchment area due to inaction and indifferent attitude on the part of the concerning State authorities. (g) Lack of plantation nearby catchment area or removal of trees from forest area with or without collusion of the authorities with the law breakers. (h) Lack of planned development of forest areas. (i) Unplanned construction under Mahatma Gandhi National Rural Employment Guarantee Act (NREGA) like construction of roads in river obstructing flow of water. (j) Inaction on the part of the Government against those officers engaged in making illegal allotment of land in violation of Section 16 of the Rajasthan Tenancy Act, 1955."
(3.) Despite the action plan prepared by the State Government in July, 2012, much was not done, therefore, this Court passed further directions from time to time to see that reservoir/water bodies may revive with effective action of the State Government. It was also seen that while actions have been taken to save reservoir, the Rajasthan Pollution Control Board failed to take effective action against those, who are discharging polluted water in the reservoir. It may be in a pond, nala, river or any water body. In view of the above, this Court gave further directions for it so that while catchment areas are saved, polluted water is not discharged in those reservoirs. An order for it was passed on 08 th October, 2012 directing the respondents to ensure that polluted water is not discharged in any lake, pond or river. The Pollution Control Board was given specific direction for compliance of the provisions of the water pollution law and if anyone failed to comply the same, to lodge prosecution.;